Deepak & ORS v. State (NCT Of Delhi) & ORS

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3094/2018 DEEPAK & ORS ..... Petitioners Through:

Mr. Chaman Lal, Advocate versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Raghuvinder Verma, APP with ASI Ram Kishan, PS:Rajouri Garden, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 08.11.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.792/2016, under Sections 308/354B/506/34 of the Indian Penal Code, 1860 ('IPC'), registered at P.S.:Rajouri Garden, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their counsel as well as respondent Nos.2 to 7 submitted that the parties have settled their disputes on their own free will, without any force or coercion, as is evident from the Compromise/Settlement Deed dated 18.5.2017.

3.

Respondent Nos.2 to 7, who are present in Court, have reiterated the aforesaid facts and submitted that since the petitioners have tendered unconditional apology to them and

have assured that they shall not indulge in such activities again in future, they have now forgiven them and they have no objection to the petition being allowed and the FIR being quashed.

4.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent Nos.2 to 7 and has also verified the settlement. The IO also submitted that no other criminal case is pending against the petitioners. 5.

Learned counsel for the petitioners further submitted that the petitioners are ready and willing to contribute a sum of Rs.25,000/- for some social beneficial cause in any trust or association.

6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and taking into consideration the age and socio-economic background of the petitioners, I deem it appropriate to give them a chance to reform and reintegrate into the society as productive members. The petitioners are warned to be careful in future and to not indulge in such activities again in future. Taking into consideration the remorseful attitude of the petitioners, this Court is also of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.792/2016, under Sections 308/354-B/506/34 of the IPC, registered at P.S.:Rajouri Garden, Delhi and all the proceedings emanating therefrom are quashed, subject to deposit of

Rs.25,000/-, to be deposited by the petitioners within two weeks, out of which Rs.5,000/- be deposited in the Delhi High Court Advocates' Welfare Trust, Rs.5,000/- with the Delhi Police Martyrs' Fund, Account No.18200110036907, UCO Bank, IFSC Code:UCBA0001820, Rs.5,000/- in the Delhi High Court Staff Welfare Fund SB A/c No.15530110074442 UCO Bank, Delhi High Court, Rs.5,000/- in Bharat Ke Veer Corpus Fund, Rs.5,000/- in the Prime Minister National Relief Fund and receipts of the deposit be filed in the Registry within two weeks. Copy of the receipts shall also be handed over to the APP through the I.O. within three weeks. In case the petitioners fail to deposit the said sum, the prosecution shall be entitled to move an application for passing appropriate orders. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 08, 2019 tp